(a) License and registration requirements. A person
must be licensed or registered in compliance with the Act and this
chapter to perform any asbestos abatement or asbestos-related activity
that requires a license or registration under the Act or this chapter.
(b) Qualifying work experience.
(1) A licensee who performs supervision for any form
of pre-licensure work experience required to obtain a license under
any of the following provisions must provide direct, in-person supervision
in the immediate proximity of the trainee and is the responsible licensee
for such supervised acts.
(2) For the purpose of determining the work experience
required under this chapter for an initial license, eight hours of
qualifying on-the-job work experience equals one day of the required
work experience.
(3) Work experience gained from performing removal
of resilient floor-covering material under this section does not apply
toward the training or work experience requirements for a registration
or license to perform other asbestos-related activities.
(c) Age requirement. An individual applying for a license
or registration under this chapter must be at least 18 years old.
(d) Term and expiration. The term of a new license
or registration is two years and expires on the second anniversary
of the issue date. The term of a renewal license or registration is
two years after the date the previous license or registration expires.
(e) License or registration card. A license or registration
identification card issued by DSHS is valid for the person named on
the card until the license or registration expires or is revoked.
(f) Responsibility to report violations. A licensee
who becomes aware of a violation of this chapter must report the violation
to DSHS within 24 hours after becoming aware of the violation if the
violation is not immediately corrected by the responsible party. The
phone number to report a violation is on the Violation Notification
Procedure poster that must be posted at the entrance to the regulated
area as required in §296.211(i) of this chapter (relating to
General Requirements for Asbestos Abatement in a Public Building).
(g) Prohibition. A licensee is subject to disciplinary
action, in addition to a violation of the Act or this chapter, if
the licensee engages in the following activities:
(1) alters, sells, assigns, or transfers a license
or registration issued in accordance with this chapter;
(2) makes any false, misleading, or deceptive claim
in any asbestos-related advertising, announcement, presentation, or
competitive bidding; or
(3) engages in activities prohibited in §296.271
of this chapter relating to (Inspections and Investigations) or §296.313
of this chapter (relating to Denial, Suspension, or Revocation of
License or Reprimand of Licensee).
(h) Penalties. A licensee is subject to applicable
administrative, civil, and criminal sanctions for any violation as
described in Subchapter Q of this chapter (relating to Compliance).
State and federal violations and citations become a part of a licensee's
DSHS record.
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